Deferred payment agreement not set up correctly?

Exhausted Eldest

New member
Jul 11, 2024
3
0
To cut a very long story short….

Mum moved from hospital to care home, at the time we didn't have PoA and she lacks capacity.

Her council agree to fund first 12 weeks, they said they would pay, did not say we’d need to repay.

After 3 months we've got PoA so start paying from week 13 onwards.

In month 5, the council phone to discuss the deferred payment arrangement and say their offer was only ever a loan. l ask for this is writing and get sent a letter with minimal details, nothing about charge on house or interest.

At the end of month 5 the council pay 30 weeks of fees to the care home. Council are expecting this to be repaid to them in full in 2 weeks time!

We've not agreed to these payments, we’ve signed anything, Mum hasn't had a letter, they've not put a charge on the house. We've also not repaid anything to the council.

These payments have effectively put us in credit by 28 weeks, which is unfortunate as the home are evicting Mum for bad behaviour.

I know at some point we’ll need to sort this out, but we’ve got more urgent issues like chc funding and trying to find an alternative placement that meets mum’ s needs given her notice ran out on 1st July.

What are the consequences of not repaying in the short term? Council can hardly take us to court for a ccj when we’ve not entered into an agreement and have never agreed to pay them back. They cant put a charge on the house without all owners agreeing, which will be tricky as the land registry think my dead father owns half!

Thanks in advance,
Exhausted
 

Jessbow

Registered User
Mar 1, 2013
5,894
0
Midlands
After 3 months we've got PoA so start paying from week 13 onwards.

At the end of month 5 the council pay 30 weeks of fees to the care home. Council are expecting this to be repaid to them in full in 2 weeks time!


why did the council make a payment after5 months, if you had been paying the fees from week 13?
 

SeaSwallow

Volunteer Moderator
Oct 28, 2019
7,093
0
Hello @Exhausted Eldest I am so sorry that you are going through this, it is the last thing that you need if you are also having to look for a new care home for your mum.

I would suggest that you contact the Alzheimer's Society's help line for advice on this issue as it sounds complicated. I have attached their details below.

 

Rayreadynow

Registered User
Dec 31, 2023
469
0
12 weeks is a deferred payment period normally, but if you never signed anything there is no agreement.
Sounds like the council payment system was on automatic and no one requested a stop on the payments from week 13.

So are you saying the Care Home happily took payments from both the Council and you at the same time? If so I would show the council you made payments over that same period and suggest you tell the council they must request the duplicate payments back from the care home.
 

Exhausted Eldest

New member
Jul 11, 2024
3
0
why did the council make a payment after5 months, if you had been paying the fees from week 13?
I don’t know! Makes no sense to me!

So are you saying the Care Home happily took payments from both the Council and you at the same time? If so I would show the council you made payments over that same period and suggest you tell the council they must request the duplicate payments back from the care home.
Council made two payments on the same day at the end of May. We had advised the Care Home the council would pay for first 12 weeks, so they’d shared bank details.

They can put an equitable as opposed to legal charge on the house without consent of owner(s)
Thank you, I’d not heard of equitable charges before.